Remember how we told you that many Sprint stores would be open at 8 AM later this week for the HTC EVO 4G LTE launch? Well, don’t set your alarm clock just yet because you might end up waiting in line for something you can’t have.

HTC’s shipments of the EVO 4G LTE are stuck in customs pending a review of the ITC for possible patent violations. You may recall that Apple previously won an injunction against HTC phones for a way that HTC’s software handles certain functions. HTC quickly stated that it already developed a workaround for this issue and it was expected t have been resolved, but that doesn’t appear to be the case.

TheVerge reported that both the HTC EVO 4G LTE for Sprint and the HTC One X for AT&T have been delayed while the devices undergo what HTC describes as a routine check to ensure compliance with the ITC ruling. The Taiwanese manufacturer issued this statement:

The US availability of the HTC One X and HTC EVO 4G LTE has been delayed due to a standard U.S. Customs review of shipments that is required after an ITC exclusion order. We believe we are in compliance with the ruling and HTC is working closely with Customs to secure approval. The HTC One X and HTC Evo 4G LTE have been received enthusiastically by customers and we appreciate their patience as we work to get these products into their hands as soon as possible. (emphasis mine)

There’s no definitive indication yet that the Sprint won’t be able to have the 4G LTE ready to sell this week, but the use of the word “delayed” doesn’t leave room for a lot of hope. Likewise, the One X is out of stock through most AT&T channels, so be sure to contact your local retailer to know when the device will be ready in your area.

UPDATE

Sprint has confirmed that the EVO 4G LTE will not be released and is delayed. More information will provided once HTC clears its ITC hurdles. If you pre-ordered your device, you can wait it out or call Sprint to cancel.